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Kenneth Vercammen & Associates, P.C,

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Edison, NJ 08817,

(732) 572-0500

Thursday, September 25, 2014

Victims Testifying at Trial

Courts, Police and Prosecutors have an increased
commitment to addressing the needs of crime victims and witnesses. As a victim
or witness of a crime, their assistance is important to our system of criminal
justice.

As a victim or witness, they find yourself in the
same situation as do many others, you may be unfamiliar with court procedures
and have fears and uncertainties about what is expected or required of
witnesses. This article, compiled from suggestions of prosecutors offices,
provides a brief explanation of what to expect on the witness stand. COURTROOM
PROCEEDINGS:

One of the fundamental rules in a criminal case is
that both the prosecution and defense have an opportunity to question the
witness. There are specific rules of evidence which must be followed by the
court. At times, these rules may seem unnecessary or frustrating but they are
directed toward one goal- to determine the truth in the case. Some guidelines
for you to remember: GUIDELINES FOR WITNESSES IN CRIMINAL TRIALS

1. Prior to testifying, try to prepare yourself by
recalling the incident in your mind, but do not memorize your testimony. 2. You
are sworn to tell the truth. Tell it by answering accurately about what you
know. 3. Listen carefully to the questions asked and think before speaking. If
you do not understand the question, ask that it be repeated or explained. Do
not look for assistance from the policeman or prosecutor when you are on the
stand. If you need help, ask the Judge. 4. Speak clearly and loudly. 5. Answer
only the question asked, directly and simply. Do not volunteer information. 6.
Do not guess or speculate. If you do not know the answer, be sure to say so. If
you give an estimate, make sure everyone understands you are estimating. 7. Do
not answer if there is an objection. 8. Do not lose your temper. Upon cross
examination, remain calm and composed. 9. Always be courteous, even if the
attorney questioning you appears to be discourteous. Being polite makes a good
impression on the court and jury. Do not try to be "smart" or
evasive. 10. Be serious in and around the courtroom. Avoid joking. 11. Neat
appearance and proper dress are important. 12. If the question is about
distance or time and your answer is only an estimate, be sure to say that it is
only an estimate. 13. Leave the stand with confidence, knowing that you have
presented the truth to the best of your ability.

Fears/Threats

If you have any fears about your involvement in
your case, contact your own town's local police department. On extremely rare
occasions, you may receive a threat. If you are threatened, immediately contact
your law enforcement agency to get immediate assistance. ON BEING A WITNESS:

No crime can be solved without the help of
witnesses. It is your duty as a witness to give your testimony when needed.
While it may not always be convenient for you to come to court to testify,
please keep in mind that some day you may be a victim and your own case may
depend on the willingness of a witness to come forward and tell what he/she
knows.

As your case is being prepared for trial, it may be
necessary for the Prosecutor's Office to contact you. It is important to keep
the Court and Police informed of your current address and telephone number. If
you move, be sure to let them know. SUBPOENA

A subpoena is a court order directing you to be
present at the time and place stated. You may receive your subpoena by mail or
in person. When you receive a subpoena to appear in court, you are required by
law to attend. Be sure to bring the subpoena to court. WHERE DO I GO?

You will find that most subpoenas will request that
you report to the Court on the date set for your appearance as a witness. This
is to allow the Prosecutor an opportunity to discuss the case with you prior to
your actually taking the witness stand. GET COMFORTABLE

Get a good night's rest. Dress conservatively. Your
normal business attire is probably about right. Be early. Give yourself a few
minutes to experience the room in which you are about to testify. It is going
to be a strange environment for you, so walk around. Get used to the lighting,
the acoustics, the distance your voice might have to travel. JUST THE FACTS

Leave your impressions from film, television and
other folklore at home. In the real world, the attorney seeking your testimony
wants from you but one thing; the facts. What you saw. What you said. What you
did.

In limited circumstances, what you heard. Unless
you are asked to do so, do not draw conclusions. Unless you were called as an
expert witness, keep your opinions for another day. RULES TO REMEMBER

* Rule 1. If you are asked what time it is, give
the time. Don't offer instructions on how to build a watch.

Listen to the question, answer that question, then
wait for the next one. When they run out of questions, your testimony is over.
Go home.

Don't answer a question you think was asked, should
be asked, or want to be asked. And take your time. As with baseball and other
matters of importance, there is no clock. Your testimony is very important,
that's why you were called in the first place. There is no hurry. As in golf,
there are no prizes for speed, just accuracy. * Rule 2. If you do not
understand a question, respond by saying "I do not understand the
question.'' Have counsel rephrase the question, explain or define any word that
you don't understand.

That's what you mean by ''I do not understand the
question.'' It's not impolite. You are not comparing education. You just don't
understand the question. If counsel can not rephrase the question so you can
understand and adequately respond, that's not your problem. Being a witness is
hard enough. * Rule 3. If you knew the answer some time ago, but do not recall
at the moment, say ''I do not recall'' Not everyone can remember which shoes
they wore the second Tuesday of last month. There is no disgrace in failing to
recall certain details, especially when they are remote in time.

Your testimony is very important, that's why you
were called in the first place. * Rule 4. If you are asked a question, and you
do not know the answer, say ''I Do not know.''

Too many witnesses think they have to know, or are
expected to know the answer to practically everything asked of them while on
the stand. No one can be expected to know everything. If you seem to, your
entire testimony may appear rehearsed and unconvincing. When you don't know,
you don't know. SAY SO.. Such a reply is entirely appropriate. * Rule 5. Tell
the truth.

You saw what you saw. You did what you did. If
someone else has a different version of these events, well, someone else has a
different version of these events. In the end, the judge or jury will sort it
all out. * Rule 6. Be yourself.

As you would converse with a friend or neighbor,
speak in your own words and use your own vocabulary. Answer the questions as
naturally as you can. You don't want to sound like an actor delivering
memorized lines.

There is no getting around it; while giving
testimony, you are on stage. Everyone in the room, especially trial counsel, is
watching you testify. They not only listen to your word, but watch how you present
them. You must be as relaxed and natural as possible. Body language is a
powerful communication tool. Use it properly.

HELP THE COURT REPORTER

Speak up. What you say will be taken down by the
court reporter, later transcribed onto a printed page. This is called ''making
a record.'' Consider two limitations in this process;

1. Your testimony has to be verbal. It is difficult
to transcribe a nod of the head or shrug of the shoulders. Don't spread your
hands apart and claim ''About this much.'' If the answer is ''two and one half
feet,'' Say so. 2. Only one person can speak at a time. Pace your responses so
as to avoid ''talking over'' the attorney asking the questions.

HELP YOURSELF

Give straight, direct and specific answers whenever
possible. Depending upon the question being asked, try and avoid needless
qualifiers like ''In my opinion,'' ''I guess,'' ''I think,'' and ''I believe''
JUST THE FACTS. Any reservations displayed on direct examination will come back
to you on cross.

If the answer is ''yes'', ''blue'' or ''I don't
know,'' SAY SO. Don't guess, exaggerate, or speak in broad, sweeping terms. Try
not to generalize, and do not explain anything unless specifically instructed
to do so.

If you make mistake, or give the wrong answer,
STOP.. As soon as you realize you have given the wrong information, or left
something out, STOP. Tell the attorney you made a mistake, say ''I made a
mistake. May I correct myself.'' Clear the record then and there. It is much
better than to have the opposing attorney question you about it later on cross
examination.

If there is an objection, or if the judge or
another attorney interrupts your testimony; FREEZE. Do not say another word
until instructed to do so. The lawyers will argue out the problem on the spot.
Wait until told to proceed.

There is no need to ''squeeze in'' an answer during
this process. Let the lawyers work it out, that's what they do. HELP THE COURT

Some attorneys lose their manners right after the
bar exam. Some have the personality of a briefcase. For others, this would be
an improvement. Do your best anyway, and try to be polite. If you have a bad
temper, leave it in the elevator.

Do not engage in a battle of wits. You can't win. It's not because you
don't get to ask questions. You are gathered for the purpose of finding the
truth, not to judge who can best exchange sarcastic remarks